90- 351 C.M.R. ch. 16, § 2

Current through 2024-44, October 30, 2024
Section 351-16-2 - Need-to-Know

For purposes of this rule, "need-to-know basis" shall include, but is not limited to, the following:

1. An injured person gives written authorization for disclosure;
2. An injured person asserts a claim and an employer or insurer potentially subject to liability for the claim requests disclosure directly or through an attorney or other agent;
3. A person asserts a workers' compensation claim, or asserts a claim through civil or other litigation and any other person or insurer potentially subject to liability for the claim requests disclosure directly or through an attorney or other agent;
4. A person, insurer, employer, or other involved party is the subject of a public agency investigation or prosecution for fraud or other impropriety, whether civil or criminal;
5. An Administrative Law Judge, mediator, arbitrator, an appointed or agreed upon §312 independent medical examiner with proper notification, or other employee of the Board requests records for the purpose of administering and decision-making under the Act;
6. An Administrative Law Judge, mediator, or arbitrator, or the General Counsel upon request, rules that disclosure is appropriate for any other reason, including the potential relevance of such records to a claim or proceeding, or the likelihood that such records may reasonably be expected to lead to relevant evidence. Any such ruling may limit further disclosure by a recipient as appropriate; or
7. Access is required by Maine or Federal statute, regulations, or court order.

90- 351 C.M.R. ch. 16, § 2